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SUPERANNUATION GUARANTEE (ADMINISTRATION) ACT 1992 - SECT 25 Certain contributions presumed to be contributions to complying superannuation fund

SUPERANNUATION GUARANTEE (ADMINISTRATION) ACT 1992 - SECT 25

Certain contributions presumed to be contributions to complying superannuation fund

  (1)   Subject to subsection   ( 2), a contribution by an employer for the benefit of an employee to a superannuation fund is conclusively presumed to be a contribution to a complying superannuation fund for the purposes of section   2 3 if, at or before the time the contribution is made, the employer has obtained a written statement, provided by or on behalf of the trustee of the fund, that the fund:

  (a)   is a resident regulated superannuation fund within the meaning of the Superannuation Industry (Supervision) Act 1993 ; and

  (b)   is not subject to a direction under section   63 of that Act.

  (2)   Subsection   ( 1) does not apply to a contribution to a superannuation fund if, at the time the contribution is made:

  (a)   the employer:

  (i)   is the trustee or the manager of the fund; or

  (ii)   has an association, within the meaning of section   318 of the Income Tax Assessment Act 1936 , with the trustee or the manager of the fund; and

  (b)   the employer has reasonable grounds for believing that the fund is not a resident regulated superannuation fund within the meaning of the Superannuation Industry (Supervision) Act 1993 or is operating in contravention of a regulatory provision, as defined in section   38A of that Act.

  (3)   Section   39 of the Superannuation Industry (Supervision) Act 1993 applies for the purposes of subsection   ( 2) of this section in a corresponding way to the way in which it applies for the purposes of Division   2 of Part   5 of that Act.